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Federal Rules of Evidence (US) QUESTION #3782
Question 1
A plaintiff sues a doctor for malpractice. The plaintiff wants to introduce a letter written by the doctor to the plaintiff saying: 'I am so sorry I used the wrong surgical tool; I will pay for all your follow-up treatments.' The doctor objects. What part of the letter, if any, is admissible?
  • None of it, under Rule 408 (Compromise Offers).
  • Only the apology, because the offer to pay medical expenses is excluded under Rule 409.
  • Only the admission ('I used the wrong tool'), because Rule 409 only excludes the 'offer to pay' and not surrounding statements of fact.✔️
  • All of it, because it is an admission by a party-opponent.
Correct Answer Explanation
Rule 409 excludes evidence of offering or promising to pay medical expenses to prove liability. However, unlike Rule 408 (settlement negotiations), Rule 409 does NOT exclude collateral admissions of fact made in connection with the offer.